Motion to dismiss for lack of prosecution in Chicago Illinois civil case

Asked almost 3 years ago - Chicago, IL

Is there is any rule for that? I am the defendant in this case.

Attorney answers (3)

  1. Steven Anderson Leahy

    Pro

    Contributor Level 17

    1

    Lawyer agrees

    Answered . This is generally called DWP - or Dismissed for Want of Prosecution. Usually, this comes up on a case management call or a Motion for which the Plaintiff fails to appear when properly notified. If you bring a Motion to Dismiss - and put out proper notice - the Plaintiff will likely appear. I have never seen a DWP motion brought by a defendant - although I suppose it is technically possible.

    I hope this helps.
    Respectfully,
    Steven A. Leahy
    www.chicagotaxteam.com

    Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-... more
  2. Robert Thomas Kuehl

    Pro

    Contributor Level 13

    1

    Lawyer agrees

    Answered . A court has inherent power to dismiss a case where there has been inexcusable delay on the part of the plaintiff. Even if there have been several years of inactivity on the case and you prevail on such a motion, under Illinois law, the plaintiff would have a right to re-file pursuant to 735 ILCS 5/13-217 (http://ilga.gov/legislation/ilcs/fulltext.asp?D...). That doesn't necessarily mean, however, that the motion should not be brought. You may want to sit down with an attorney to discuss. Good luck.

  3. Mara Ann Baltabols

    Contributor Level 13

    Answered . The other attorneys provided you with good answers. If it is a foreclosure case you're talking about, whether or not you want to bring the motion may depend on what you think is causing the delay. Are you working on a loan modification? Many times, the bank's attorneys will put litigation on hold if you are working on a loan modification, and you might not want to disrupt that process. If they just have gotten lazy and not brought anything to court regarding your case, go ahead and file a motion for want of prosecution, but prepared that the plaintiff will almost definitely show up on the day your motion is scheduled for and ask the judge for an opportunity to continue to proceed with prosecution, which the judge will probably grant them.

    The information in this answer is not intended as legal advice nor do I intend to create an attorney-client... more

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